Commercial Mediation

Sorry (as we Canadians tend to say a lot). I'm A few days late with this post as I've been vacationing in London U.K. with my wife and 14-year old daughter. (Wonderful time, thanks). Today is my…

Recently I have noticed mediators using a label to describe other people's practice. It is rarely a compliment. That label is "evaluative"; as in "she takes rather an evaluative approach" or "his…

As Ella Fitzgerald used to sing, Summertime and the livin’ is easy. Your faithful Canadian correspondent knows you are craving mediation-related reading to help you while away those lazy, crazy-hazy…

Here is a confession. I have a theory (in the best traditions of Monty Python). It is totally untested. I am pretty certain that it would not survive rigorous, double-blind trials. It may,…

Not so long ago I was a claiming party as part of a group of plaintiffs in the stead of my elderly parents in a multiparty, multimillion dollar mediation. Now, I mediate around 120 mediations every…

Part 1 of this post touched on rumblings for more transparency in arbitration. But there is more than the distant sound of thunder, and it’s coming closer. As arbitration and mediation are both…

Faithful readers will recall my posts here and here mentioning the failed mediation relating to the international effort to reach an agreement on the distribution of some $9 Billion in assets…

This month of May witnessed the launch of the India International ADR Association (IIADRA). And what a blast it was! Judicial luminaries, leading lights of the legal profession, business leaders and…

"They also serve, who only exchange offers." A recent mediation experience serves to reinforce the value of patience in mediation - for the parties and for the mediator. The tort mediation, involving…